The Apprentices Act, 1961 Sections

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The Apprentices Act, 1961 Sections

The Apprentices Act, 1961
[Act No. 52 of 19611 as amended by 27 of 19732 , 41 of 19863 , 4 of 19974 ,
36 of 20075 and 29 of 20146
CONTENTS
Sections
CHAPTER I - Preliminary
1.
Short title, extent, commencement
2.
Definitions
CHAPTER II - Apprentices and their Training
3.
Qualifications for being engaged as an apprentice
3-A.
Reservation of training places for the Scheduled Castes and the Scheduled
Tribes in designated trades.
3-B.
Reservation of training places for Other backward Classes in designated
trades.
4.
Contract of apprenticeship
5.
Novation of contract of apprenticeship
5A
Regulation of optional trade
5B
Apprentice from other States
6.
Period of apprenticeship training
7.
Termination of apprenticeship contract
8.
Number of apprentices for a designated trade and optional trade
9.
Practical and basic training of apprentices
10.
Related instruction of apprentices
11.
Obligations of employers
12.
Obligations of apprentices
13.
Payment to apprentices
14.
Health, safety and welfare of apprentices
15.
Hours of work, overtime, leave and holidays
16.
Employer's liability for compensation for injury
17.
Conduct and discipline
18.
Apprentices are trainees and not workers
19.
Records and returns
20.
Settlement of disputes
21.
Holding of test and grant of certificate and conclusion of training
22.
Offer and acceptance of employment
CHAPTER III - AUTHORITIES
23.
Authorities
24.
Constitution of Councils
25.
Vacancies not to invalidate acts and proceedings
26.
Apprenticeship Advisers
27.
Deputy and Assistant Apprenticeship
28.
Apprenticeship Advisers to be public servants
29.
Powers of entry, inspection, etc.
30.
Offences and penalties
31.
Penalty where not specific penalty is provided
32.
Offences by companies
33.
Cognizance of offences
34.
Delegation of powers
35.
Construction of references
36.
Protection of action taken in good faith
37.
Power to make rule
38
(Repealed)
1.
The Act came into force on March 1, 1962 vide GSR 246, dated Feb. 12,1962
2.
Act 27 of 1973 came into force w.e.f. December 1, 1974 vide GSR 1293,
dated November 1974
3.
Act 41 of 1986 came into force w.e.f. December 16,1987 vide GSR 974(E),
dated December 10, 1987
4.
Act 4 of 1997 came into force w.e.f. January 8, 1997.
5.
Act 36 of 2007 came into force w.e.f. February 1, 2008.
6.
Act No. 29 of 2014 came into force w.e.f. December 22, 2014
THE SCHEDULE
An Act to provide for the regulation and control of training of apprentices and
for1[* * *] matters connected therewith.
Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:
Prefatory Note – The Act was introduced in the form of a bill on August 19,1961.
For Statement of Objects and Reasons, see Gazette of India, Extra., Part II, Section
2, dated August 19,1961.
________________________________________
1.
Omitted by Act 27 of 1973.
CHAPTER - I
PRELIMINARY
1.
Short title, extent, commencement and application –
(1)
(2)
(3)
2.
This Act may be called the Apprentices Act, 1961.
It extends to the whole of India. [* * *]1
It shall come into force on such date as the Central Government
may, by
notification in the Official Gazette, appoint; and different
dates may be appointed for different States.
(4)
The provisions of this Act shall not apply to –
(a)
any area or to any industry in any area unless the
Central Government by notification in the Official Gazette
specifies that area or industry as an area or industry to which
the said provisions shall apply with effect from such date as may
be mentioned in the notification:
2
[ * * *]
(b)
3
(c)
[any such special apprenticeship scheme for imparting
training to apprentices as may be notified by the Central
Government in the Official Gazette].
Definition -
In this Act, unless the context otherwise requires,[(a) "All India Council" means the All India Council of Technical
Education established by the resolution of the Government of
India in the former Ministry of Education No. F. 16-10/44-E-III, dated
the 30th November, 1945;)]
5
[(aa)]"apprentice" means a person who is undergoing apprenticeship
training 6[* * *] in pursuance of a contract of apprenticeship;
7
[(aaa)"apprenticeship training" means a course of training in any industry
or establishment undergone in pursuance of a contract of
apprenticeship and under prescribed terms and conditions which
may be different for different categories of apprentices;]
(b)
"Apprenticeship Adviser” means the Central Apprenticeship Adviser
appointed under sub-section (1) of Section 26 or the State
Apprenticeship Adviser appointed under sub-section (2) of that
section;
(c)
"Apprenticeship Council" means the Central Apprenticeship Council or
the State Apprenticeship Council established under sub-section (1) of
Section 24;
____________________________________________
1. Omitted by Act 25 of 1968.
2. Omitted by Act 27 of 1973.
3. Subs. by Act 27 of 1973.
4. The original clause (a) renumbered as clause (aa) and a clause (a) inserted by
Act 27 of 1973.
5. The original clause (a) renumbered as clause (aa) and a clause (a) inserted by
Act 27 of 1973.
6. Omitted by Act 27 of 1973
7. Ins. by Act 27 of 1973.
4
(d)
3
"appropriate Government" means (1)
in relation to (a)
the Central Apprenticeship Council, or
1
[(aa) the Regional Boards, or
(aaa) the practical training of graduate or technician
apprentices or of technician (vocational) apprentices, or;]
(b)
any establishment of any railway, major port, mine or
oilfield, or
2
(bb) any establishment which is operating business or trade
from different locations situated in four or more States, or
(c)
any establishment owned, controlled or managed by (i)
the Central Government or a department of
Central Government,
(ii)
a company in which not less than fifty-one per
cent of the share capital is held by the Central
Government on partly by that Government and
partly by one or more State Governments,
(iii)
a corporation
(including
a
co-operative
society) established by or under a Central Act
which is owned, controlled or managed by the
Central Government, the Central Government.
(2)
in relation to (a)
a State Apprenticeship Council, or
(b)
any establishment other than an establishment specified
in sub-clause (1) of this clause, the State Government;
[(dd) "Board or State Council of Technical Education" means the Board or
State Council of Technical Education established by the State
Government;]
4
[(e) "designated trade" means any trade or occupation or any subject field
in engineering or non-engineering] or technology or any vocational
course which the Central Government, after consultation with the
Central Apprenticeship Council, may, by notification in the Official
Gazette, specify as a designated trade for the purposes of this Act;
(f)
"employer" means any person who employs one or more other
persons to do any work in an establishment for remuneration and
includes any person entrusted with the supervision and control of
employees in such establishment;
(g)
"establishment" includes any place where any industry is carried on;
5
[and where an establishment consists of different departments or have
branches, whether situated in the same place or at different places, all
such departments or branches shall be treated as part of the
establishments];
__________________________________________
1. Ins. by Act 27 of 1973 and subs. by Act 41 of 1986
2. Ins. by Act 29 of 2014
3. Ins. by Act 27 of 1973.
4. Ins. by Act 29 of 2014
5. Ins. by Act 4 of 1997
(h)
“establishment in private sector” means an establishment which is not
an establishment in public sector;
(i)
"establishment in private sector" means an establishment which is not
led or managed by (1)
the Government or a department of the Government;
(2)
a Government company as defined in Section 617 of the
Companies Act, 1956 (1 of 1956);
(3)
a corporation (including a co-operative society) established
by or under a Central, Provincial or State Act, which is owned,
controlled or managed by the Government;
(4)
a local authority;
1
[(j) "graduate or technician apprentice" means an apprentice who holds,
or is undergoing training in order that he may hold a degree or diploma
in engineering or non-engineering or technology or equivalent
qualification granted by any institution recognised by the
Government and undergoes
apprenticeship
training
in any
designated trade;
2
(k) "industry" means any industry or business in which any trade,
occupation or subject field in engineering or non-engineering or
technology or any vocational course may be specified as a
designated trade or optional trade or both;
(l)
"National Council" means the National Council for Training in
Vocational Trades established by the resolution of the Government
of India in the Ministry of Labour (Directorate General of Resettlement
and Employment ) No. TR/E.P.- 24/56, dated the 21st August 1956
3
[ and re-named as the National Council for Vocational Training by
the resolution of the Government of India in the Ministry of Labour
(Directorate
General
of Employment and
Training)
No.
DGET/12/21/80-TC, dated the 30th September, 1981;]
4
(ll)
“optional trade" means any trade or occupation or any subject field in
engineering or non-engineering or technology or any vocational course
as may be determined by the employer for the purposes of this Act;
5
(lll) "portal-site" means a website of the Central Government for exchange
of information under this Act;';
(m) "prescribed" means prescribed by the rules made under this Act;
6
[(mm)"Regional Board" means any board of Apprenticeship Training
registered under the Societies Registration Act, 1860 (21 of 1860), at
Bombay, Calcutta, Madras or Kanpur;]
(n)
"State" includes a Union Territory;
(o)
"State Council" means a State Council for Training in Vocational
Trades established by the State Government;
(p)
"State Government" in relation to a Union Territory, means the
Administrator thereof;
_________________________________________
1. Subs. by Act 29 of 2014
2. Sub. by Act 29 of 2014
3. Ins. by Act 41 of 1986
4. Ins. by Act 29 of 2014
5. Ins. by Act 29 of 2014
6. Ins. by Act 27 of 1973.
1
[(pp) "Technician (vocational) apprentice" means an apprentice who holds
or is undergoing training in order that he may hold a certificate in
vocational course involving two years of study after the completion
of the secondary stage of school education recognised by the All-India
Council and undergoes apprenticeship training in designated trade;
2
[(q)
"trade apprentice"
means
an
apprentice
who undergoes
apprenticeship training in any designated trade;
3
[(r)
““worker” means any person working in the premises of the employer,
who is employed for wages in any kind of work either directly or
through any agency including a contractor and who gets his wages
directly or indirectly from the employer but shall not include an
apprentice referred to in clause (aa)”
________________________________________
1. Sub. by Act 29 of 2014
2. Sub. by Act 29 of 2014
3. Sub. by Act 29 of 2014
CHAPTER - II
APPRENTICES AND THEIR TRAINING
3.
Qualifications for being engaged as an apprentice A person shall not be qualified for being engaged as an apprentice to undergo
apprenticeship training in any designated trade, unless he1
[ (a) is not less than fourteen years of age, and for designated trades related
to hazardous industries, not less than eighteen years of age; and]
(b)
satisfies such standards of education and physical fitness as may
be prescribed:
Provided that different standards may be prescribed in relation to
apprenticeship training in different designated trades 2[and for different
categories of apprentices].
3
[3-A.Reservation of training places for the
Scheduled Tribes in designated trades –
(1)
(2)
Scheduled
Castes and
the
in every designated trade, training places shall be reserved by the
employer for the Scheduled Castes and the Scheduled Tribes 4[ and
where there is more than
one
designated
trade
in
an
establishment, such training places shall be reserved also on the basis of
the total number of apprentices in all the designated trades in such
establishment ].
the number of training places to be reserved for the Scheduled Castes
and the Scheduled Tribes under sub-section (1) shall be such as may be
prescribed, having regard to the population of the Scheduled Castes
and the Scheduled Tribes in the State concerned.
Explanation- In this section, the expressions "Scheduled Castes" and
"Scheduled Tribes" shall have the meanings as in clauses (24) and (25) of
Article 366 of the Constitution].
5
[3-B.Reservation of training places for Other backward Classes in designated
trades –
(1)
In every designated trade, training places shall be reserved by the
employer for the Other Backward Classes and where there is more than
one designated trade in an establishment, such training places shall
be reserved also on the basis of the total number of apprentices in all the
designated trades in such establishment.
(2)
The number of training places to be reserved for the Other Backward
Classes under sub-section (1) shall be such as may be prescribed,
having regard to the population of the Other backward Classes in the
State concerned.
____________________________________
1. Subs. by Act 29 of 2014.
2. Ins. by Act 27 of 1973.
3. Ins. by Act 27 of 1973.
4. Ins. by Act 41 of 1986
5. Ins. by Act 36 of 2007
4.
Contract of apprenticeship
(1)
No person shall be engaged as an apprentice to undergo apprenticeship
training in a designated trade unless such person or, if he is minor, his
guardian has entered into a contract of apprenticeship with the employer.
(2)
The apprenticeship training shall be deemed to have commenced on
the date on which the contract of apprenticeship has been entered into
under sub-section (1).
(3)
Every contract of apprenticeship may contain such terms and conditions
as may be agreed to by the parties to the contract:
Provided
that no such term or condition shall be
inconsistent with any provision of this Act or any rule made
thereunder.
5.
1
[(4)
Every contract of apprenticeship entered into under sub-section (1)
shall be sent by the employer within thirty days to the Apprenticeship
Adviser until a portal-site is developed by the Central Government, and
thereafter the details of contract of apprenticeship shall be entered on
the portal-site within seven days, for verification and registration.
(4A)
In the case of objection in the contract of apprenticeship, the
Apprenticeship Adviser shall convey the object to the employer within
fifteen days from the date of its receipt
(4B)
The Apprenticeship Adviser shall register a contract of apprenticeship
within thirty days from the date of its receipt];
(5)
2
(6)
Where
the Central Government, after consulting the Central
Apprenticeship Council, makes any rule varying the terms and
conditions of apprenticeship training of any category of apprentices
undergoing such training, then, the terms and conditions of every
contract of apprenticeship relating to that category of apprentices and
subsisting immediately before the making of such rule shall be
deemed to have been modified accordingly.
[***]
Novation of contracts of apprenticeship Where an employer with whom a contract of apprenticeship has been
entered into, is for any reason unable to fulfill his obligations under the
contract and with the approval of the Apprenticeship Adviser it is agreed
between the employer, the apprentice or his guardian and any other employer
that the apprentice shall be engaged as apprentice under the other employer
for the un-expired portion of the period of apprenticeship training, the
agreement, on registration with the Apprenticeship Adviser, shall be
deemed to be the contract of apprenticeship between the apprentice or his
guardian and other employer, and on and from the date of such
registration, the contract of apprenticeship with the first employer shall
terminate and no obligation under the contract shall be enforceable at
the instance of any party to the contract against the other party thereto.
____________________________________
1. Subs. by Act 29 of 2014.
2. Omitted by Act 29 of 2014
1
[5A
Regulation of optional trade –
The qualification, period of apprenticeship training, holding of test, grant of
certificate and other conditions relating to the apprentices in optional trade
shall be such as may be prescribed.
5B
Engagement of apprentices from other States –
The employer my engage apprentices from other States for the purpose of
providing apprenticeship training to the apprentices].
6.
Period of apprenticeship training The period of apprenticeship training, which shall be specified in the contract
of apprenticeship, shall be as follows(a)
In the case of 2[trade
apprentices] who,
having undergone
institutional training in a school or other institution recognised by the
National Council, have passed the trade tests 3[or examinations]
conducted by 4[that Council or by an institution recognised by that
Council], the period of apprenticeship training shall be such as may
be 5[prescribed];
6
[(aa) in the case of trade apprentices who, having undergone
institutional training in a school or other institution affiliated to or
recognised by a Board or State Council of Technical Education or
any other authority or course approved under any scheme which the
Central Government may, by notification in the Official Gazette
specify in this behalf, have passed the trade tests or examinations
conducted by that Board or State Council or authority or any agency
authorised by the Central Government, the period of apprenticeship
training shall be such as may be prescribed;]
(b)
in the case of other 7[trade apprentices], the period of apprenticeship
training shall be such as may be prescribed;
8
in the case of graduate or technician apprentices, [technician
(vocational) apprentices]9 and the period of apprenticeship training
shall be such as may be prescribed.]
[(c)
___________________________
1. Ins. by Act 29 of 2014
2. Subs. by Act 27 of 1973.
3. Ins. by Act 41 of 1986
4. Subs. by Act 27 of 1973.
5. Subs. by Act 29 of 2014.
6. Subs. by Act 29 of 2014
7. Subs. by Act 27 of 1973.
8. Ins. by Act 27 of 1973.
9. Ins. by Act 41 of 1986.
7.
Termination of apprenticeship contract (1)
The contract of apprenticeship shall terminate on the expiry of the
period of apprenticeship training.
(2)
Either party to a contract of apprenticeship may make an application to
the Apprenticeship Adviser for the termination of the contract, and
when such application is made, shall send by post a copy thereto to the
other party to the contract.
(3)
After considering the contents of the application and the objections, if
any, filed by the other party, the Apprenticeship Adviser may, by
order in writing, terminate the contract, if he is satisfied that the parties
to the contract or any of them have or has failed to carry out the
terms and conditions of the contract and it is desirable in the
interests of the parties or any of them to terminate the same:
1
Notwithstanding anything contained in any other provision of this Act,
where a contract of apprenticeship has been terminated by the
Apprenticeship Adviser before the expiry of the period of
apprenticeship training and a new contract of apprenticeship is being
entered into with a employer, the Apprenticeship Adviser may, if he
satisfied that the contract of apprenticeship with the previous employer
could not be completed because of any lapse on the part of the
previous employer, permit the period of apprenticeship training already
undergone by the apprentice with his previous employer to be included
in the period of apprenticeship training to be undertaken with the new
employer.]
Provided that where a contract is terminated(a)
for failure on the part of the employer to carry out the terms
and conditions of the contract, the employer shall pay to the
apprentice such compensation as may prescribed;
(b)
for such failure on the part of the apprentice, the apprentice
or his guardian shall refund to the employer as cost of training
such amount as
may
be
determined
by
the
Apprenticeship Adviser.
[(4)
2
[8.
Number of apprentices for a designated trade and optional trade (1)
(2)
The Central Government shall prescribe the number of apprentices
to be engaged by the employer for designated trade and optional trade.
Several employers may join together either themselves or through an
agency approved by the Apprenticeship Adviser, according to the
guidelines issued from time to time by the Central Government in this
behalf, for the purpose of providing apprenticeship training to the
apprentices under them].
__________________________
1.
Ins. by Act 4 of 1997.
2.
Subs. by Act 29 of 2014
9.
Practical and basic training of apprentices1
Every employer shall make suitable arrangements in his workplace
for imparting a course of practical training to every apprentice
engaged by him.
2
The Central Apprenticeship Adviser or any other person not below
the rank of an Assistant Apprenticeship Adviser authorised by the
State Apprenticeship Adviser in writing in this behalf] shall be given
all reasonable facilities for access to each such apprentice with a view
to test his work and to ensure that the practical training is being
imparted in accordance with the approved programme:
(1)
[(2)
Provided that 3[the State Apprenticeship Adviser or any other
person not below the rank of an Apprenticeship Adviser authorised by
the State Apprenticeship Adviser in writing in this behalf] shall also be
given such facilities in respect of apprentices undergoing training in
establishments in relation to which the appropriate Government is the
State Government.
4
[(3)
(4)
Such of the trade apprentices who have not undergone institutional
training in a school or other institution recognised by the National
Council or any other institution affiliated to or recognised by a
Board or State Council of Technical Education or any other authority
which the Central Government may, by notification in the Official
Gazette, specify in this behalf, shall, before admission in the
workshop for practical training, undergo a course of basic training and
the course of basic training shall be given to the trade apprentices in
any institute having adequate facilities];
Where an employer employs in his establishment five hundred or
more workers, the basic training shall be imparted to 5[the trade
apprentices] either in separate parts of the workshop building or in a
separate building which shall be set up by the employer himself, but
the appropriate Government may grant loans to the employer on
easy terms and repayable by easy installments to meet the cost of the
land, construction and equipment for such separate building.
6
[(4A) ***
(4B) ***
(5)
***
(6)
***]
7
(7)
[In the case of an apprentice other than a graduate or technician
apprentice or technician (vocational) apprentice, the syllabus of and the
equipment to be utilised for, practical training including basic training
in any designate trade shall be such as may be approved by the
Central Government in consultation with the Central Apprenticeship
Council.
___________________________
1. Ins. by Act 29 of 2014.
2. Ins. by Act 27 of 1973.
3. Subs. by Act 27 of 1973.
4. Subs. by Act 29 of 2014
5. Subs. by Act 27 of 1973.
6. Omitted by Act 29 of 2014
7. Subs. by Act 29 of 2014
1
[(7-A) In the case of graduate or technician apprentices technician
(vocational)
apprentices,
the
programme of apprenticeship
training and the facilities required for such training in any designated
trade shall be such as may be approved by the Central Government
in consultation with the Central Apprenticeship Council.]
(8) (a) Recurring costs (including the cost of stipends) incurred by an
employer in connection with 2[basic training]3, imparted to trade
apprentices other than those referred to in clauses (a) and (aa) ] of
Section 6 shall be borne-
10.
(i)
If such employer employs 4[two hundred and fifty] workers or
more, by the employer;
(ii)
If such employer employs less than 5[two hundred and fifty]
workers, by the employer and the Government in equal shares
up to such limit as may be laid down by the Central
Government and beyond that limit, by the employer alone; and
(b)
recurring costs (including the cost of stipends), if any, incurred by an
employer in connection with 6[practical training, including basic training,
imparted to trade apprentices referred to in clauses (a) and (aa)] of
Section 6 shall, in every case, be borne by the employer.
(c)
recurring costs (excluding the cost of stipends) incurred by an
employer in connection with the practical training imparted to
graduate
or
technician
apprentices [technician (vocational)
apprentices]7 shall be borne by the employer and the cost of
stipends shall be borne by the Central Government and the
employer in equal shares up to such limit as may be laid down by the
Central Government and beyond that limit, by the employer alone
8
[except apprentices who holds degree or diploma in non-engineering].
Related instruction of apprentices(1)
9
[A trade apprentice] who is undergoing practical training in an
establishment shall, during the period of practical training, be given a
course of related instruction ( which shall be appropriate to the
trade) approved by the Central Government in consultation with the
Central Apprenticeship Council, with a view to giving 10[the trade
apprentice] such theoretical knowledge as he needs in order to
become fully qualified as a skilled craftsman.
____________________________
1. Subs. by Act 29 of 2014
2. Ins. by Act 27 of 1973.
3. Subs. by Act 4 of 1997.
4. Subs. by Act 4 of 1997.
5. Subs. by Act 4 of 1997.
6. Ins. by Act 27 of 1973
7. Ins. by Act 41 of 1986
8. Ins. by Act by 29 of 2014
9. Subs. Act by 27 of 1973
(2)
[Related instruction shall be imparted at the cost of the employer and
the employer shall, when so required, afford all facilities for imparting
such instruction.]
(3)
Any time spend by 2[a trade apprentice] in attending classes on
related instruction shall be treated as part of his paid period of work.
3
In case of trade apprentices who, after having undergone a course of
institutional training, have passed the trade tests conducted by the
National Council or have passed the trade tests and examinations
conducted by a Board or State Council of Technical Education or
any other authority which the Central Government may, by
notification in the Official Gazette, specify in this behalf, the related
instruction may be given on such reduced or modified scale as may
be prescribed.
(5)
Where any person has, during his course in technical institution,
become
a
graduate or technician apprentice, 4[technician
(vocational) apprentice] and during his apprenticeship training
he has to receive related instruction, then, the employer shall release
such person from practical training to receive the related instruction
in such institution, for such period as may be specified by the Central
Apprenticeship Adviser or by any other person not below the rank of an
Assistant Apprenticeship Adviser authorised by the
Central
Apprenticeship Adviser in writing in this behalf.]
[(4)
11.
1
Obligation of employers Without prejudice to the other provisions of this Act, every employer shall
have the following obligations in relation to an apprentice, namely(a)
to provide the apprentice with the training in his trade in accordance
with the provisions of this Act, and the rules made thereunder;
(b)
if the employer is not himself qualified in the trade, to ensure that a
person 5[who possesses the prescribed qualifications] is placed in
charge of the training of the apprentice;
6
[(bb) to provide adequate instructional staff, possessing such qualifications
as may be prescribed, for imparting practical and theoretical training
and facilities for trade test of apprentices; and ]
(c)
to carry out his obligations under the contract of apprenticeship.
______________________
1. Subs. by Act 36 of 2007
2. Subs. Act by 27 of 1973
3. Subs. Act by 27 of 1973
4. Ins. by Act 41 of 1986.
5. Subs. by Act 27 of 1973
6. Ins. by Act 4 of 1997
12.
Obligations of apprentices(1)
2
(2)
13.
1
[Every trade apprentice] undergoing apprenticeship training shall
have the following obligations, namely:(a)
to learn his trade conscientiously and diligently and
endeavour to qualify himself as a skilled craftsman before the
expiry of the period of training;
(b)
to attend practical and instructional classes regularly;
(c)
to carry out all lawful orders of his employer and superiors
in the establishments; and
(d)
to carry out
apprenticeship.
his
obligations
under
the
contract of
Every graduate or technician apprentice [technician (vocational)
apprentice]3 undergoing apprenticeship training shall have the following
obligations namely:(a)
to learn his subject field in engineering or technology [or
vocational course]4 conscientiously and diligently at his place of
training;
(b)
to attend the practical and instructional classes regularly;
(c)
to carry out all lawful orders of his employers and superiors
in the establishment;
(d)
to carry out his obligations under the contract of
apprenticeship which shall include the maintenance of such
records of his work as may be prescribed.]
Payment to apprentices(1)
The employer shall pay to every apprentices during the period of
apprenticeship training such stipend at a rate not less than the
5
[prescribed minimum, rate, or the rate which was being paid by the
employer on 1st January, 1970 to the category of apprentices under
which such apprentice falls, whichever is higher] as may be specified
in the contract of apprenticeship and the stipend so specified shall be
paid at such intervals and subject to such conditions as may be
prescribed.
____________________________
1. Subs. by Act 27 of 1973
2. Subs. by Act 27 of 1973
3. Ins. by Act 41 of 1986
4. Ins. by Act 41 of 1986
5. Subs. by Act 27 of 1973
1
[(2)
14.
An apprentice shall not be paid by his employer on the basis of piece
work nor shall he be required to take part in any output bonus or other
incentive scheme.]
Health, safety and welfare of apprenticesWhere any apprentices are undergoing training in a factory, the provisions of
Chapters III, IV and V of the Factories Act, 1948, shall apply in relation to the
health, safety and welfare of the apprentices as if they were workers within
the meaning of that Act and when any apprentices are undergoing training
in a mine, that provisions of Chapter V of the Mines Act, 1952, shall
apply in relation to the health and safety of the apprentices as if they were
persons employed in the mine.
15.
Hours of work, overtime, leave and holidays2
[(1)
(2)
3
[(3)
16.
The weekly and daily hours of work of an apprentice while undergoing
practical training in a workplace shall be as determined by the
employer subject to the compliance with the training duration, if
prescribed];
No apprentice shall be required or allowed to work overtime
except with the approval of the Apprenticeship Adviser who shall not
grant such approval unless he is satisfied that such overtime is in
the interest of the training of the apprentice or in the public interest.
An apprentice shall be entitled to such leave and holidays as are
observed in the establishment in which he is undergoing training.
Employer's liability for compensation for injuryIf personal injury is caused to an apprentice, by accident arising out of and
in the course of his training as an apprentice, his employer shall be liable to
pay compensation which shall be determined and paid, so far as may be,
in accordance with the provisions of the Workmen's Compensation Act, 1923,
subject to the modifications specified in the Schedule.
17.
Conduct and disciplineIn all matters of conduct and discipline, the apprentice shall be governed
by the rules and regulations 4[applicable to employees of
the
corresponding category] in the establishment in which the apprentice is
undergoing training.
18.
Apprentices are trainees and not workers-
Save as otherwise provided in this Act,(a)
every apprentice undergoing apprenticeship training in a designated
trade in an establishment shall be trainee and not a worker; and
(b)
the provisions of any law with respect to labour shall not apply to or in
relation to such apprentice.
___________________________
1. Subs. by Act 27 of 1973
2. Subs. by Act 29 of 2014
3. Subs. by Act 29 of 2014
4. Subs. by Act 27 of 1973
19.
Records and returns(1)
Every employer shall maintain records of the progress of training of
each apprentice undergoing apprenticeship training in his
establishment in such form as may be prescribed.
1
Until a portal-site is developed by the Central Government, every
employer shall furnish such information and return in such form as may
be prescribed, to such authorities at such intervals as may be
prescribed.
(3)
Every
employer shall also give trade-wise requirement and
engagement of apprentices in respect of apprenticeship training on
portal-site developed by the Central Government in this regard].
[(2)
20.
21.
Settlement of disputes(1)
Any disagreement or dispute between an employer and an apprentice
arising out of the contract to apprenticeship shall be referred to the
Apprenticeship Adviser for decisions.
(2)
Any person aggrieved by the decision of the Apprenticeship
Adviser under sub-section (1) may, within thirty days from the date
of communication to him of such decision, prefer an appeal against
the decision to the Apprenticeship Council and such appeal shall
be heard and determined by a committee of that Council appointed for
the purpose.
(3)
The decision of the Committee under subsection (2) and subject only
to such decision, the decision of the Apprenticeship Adviser under
subsection (1) shall be final.
Holding of test and grant of certificate and conclusion of training2
[(1)
Every trade apprentice who has completed the period of training may
appear for a test to be conducted by the National Council or any other
agency authorised by the Central Government to determine his
proficiency in the designated trade in which he has undergone his
apprenticeship training.
Every 3[trade apprentice] who passes the test referred to in subsection (1) shall be granted a certificate of proficiency in the trade by
the National Council 4[or by the other agency authorised by the Central
Government].
_________________________
1. Subs. by Act 29 of 2014
2. Subs. by Act 29 of 2014
3. Subs. by Act 27 of 1973
4. Subs. by Act 29 of 2014
(2)
1
The progress in apprenticeship training of every graduate or technician
apprentice shall be assessed by the employer from time to time.]
2
Every graduate or technician apprentice or technician (vocational)
apprentice who completes his apprenticeship training to the
satisfaction of the concerned Regional Board, shall be granted a
certificate of proficiency by that Board.]
[(3)
(4)
22.
Offer and acceptance of employment3
(1)
Every employer shall formulate its own policy for recruiting any
apprentice who has completed the period of apprenticeship training in
his establishment.
(2)
Notwithstanding anything in sub-section (1), where there is a
condition in a contract of apprenticeship that the apprentice shall,
after the successful completion of the apprenticeship training, serve
the employer, the employer shall, on such completion, be bound to
offer suitable employment to the apprentice, and the apprentice shall
be bound to serve the employer in that capacity for such period
and on such remuneration as may be specified in the contract.
Provided that where such period or remuneration is not, in the
opinion of the Apprenticeship Adviser, reasonable, he may revise such
period or remuneration so as to make it reasonable, and the period or
remuneration so revised shall be deemed to the period of remuneration
agreed to between the apprentice and the employer.
_________________________
1. Subs. by Act 27 of 1973
2. Subs. by Act 41 of 1986
3. Subs. by Act 29 of 2014
CHAPTER - III
AUTHORITIES
23.
Authorities
(1)
In addition to the Government,
authorities under this Act, namely:-
there shall be the following
(a)
The National Council,
(b)
The Central Apprenticeship Council,
(c)
The State Council,
(d)
The State Apprenticeship Council,
1
[(e) The All India Council,
(2)
(f)
The Regional Boards,
(g)
The Boards or State Council of Technical Education,]
(h)
The Central Apprenticeship Adviser, and
(i)
The State Apprenticeship Adviser.
Every State Council shall be affiliated to the National Council and
every State Apprenticeship Council shall be affiliated to the Central
Apprenticeship Council.
2
[(2-A)Every Board or State Council of Technical Education and every
Regional Board shall be affiliated to the Central Apprenticeship
Council.]
(3)
Each of the authorities specified in subsection (1) shall, in relation
to apprenticeship training under this Act, perform such functions as are
assigned to it by or under this Act or by the Government:
Provided that a State Council shall also perform such
functions as are assigned to it by the National Council and the State
Apprenticeship Council 3[ and the Board or State Council or Technical
Education] shall also perform such functions as are assigned to it by
the Central Apprenticeship Council.
24.
Constitution of Councils(1)
The Central Government shall, by Notification in the Official Gazette,
establish
the Central Apprenticeship Council and the State
Government shall, by notification in the Official Gazette, establish
the State Apprenticeship Council.
__________________________________
1. Ins. by Act 27 of 1973.
2. Ins. by Act 27 of 1973.
3. Ins. by Act 27 of 1973.
(2)
The Central Apprenticeship Council shall consist of [a Chairman and
a Vice Chairman]1 and such number of other members as the Central
Government may think expedient, to be appointed by that Government
by notification in the Official Gazette, from among the following
categories of persons, namely(a)
representatives of employees in establishment in the public and
private sectors,
(b)
representatives of the Central Government and of the State
Government,
(c)
persons having special knowledge and experience on matters
relating to 2[industry, labour and technical education, and]
3
[(d) representatives of the All India Council and of the Regional
Boards.]
(3)
The number of persons to be appointed as members of the Central
Apprenticeship Council from each of the categories specified in
sub-section (2), the term, of office of, the procedure to be followed
in the discharge of their functions by, and the manner of filling
vacancies among, the members of the Council shall be such as may
be prescribed.
(4)
The State Apprenticeship Council shall consist of [a Chairman and a
Vice Chairman]4 and such number of other members as the State
Government may think expedient, to be appointed by that Government
by notification in the Official Gazette from among the following
categories or persons, namely:(a)
representatives of employers in establishments in the public
and private sectors,
(b)
representatives of the Central Government and of the State
Governments,
(c)
persons having special knowledge and experience on matters
relating to 5[industry, labour and technical education, and]
6
[(d) representatives of the Board or of the State Council of
Technical Education.]
(5)
The number of persons to be appointed as members of the State
Apprenticeship Council from each of the categories specified in
sub-section (4), the term of office of, the procedure to be followed in
the discharge of their functions by, and the manner of filling
vacancies among, the members of the Council shall be such as the
State Government may, by notification in the Official Gazette,
determine.
_______________________________________
1. Subs. by Act 27 of 1973.
2. Subs. by Act 27 of 1973.
3. Ins. by Act 27 of 1973.
4. Subs. by Act 27 of 1973.
5. Subs. by Act 27 of 1973.
6. Ins. by Act 27 of 1973.
(6)
25.
The fees and allowances, if any, to be paid to [the Chairman and
the Vice Chairman]1 and the other members of the Central
Apprenticeship Council, shall be such as may be determined by
the Central Government and the fees and allowances if any, to be paid
to [the Chairman and the Vice-Chairman]2 and the other members
of the State Apprenticeship Council shall be such as may be
determined by the State Government.
Vacancies not to invalidate acts and proceedingsNo act done or proceeding taken by the National Council, the Central
Apprenticeship Council, the State Council or the State Apprenticeship
Council under this Act shall be questioned on the ground merely of the
existence of any vacancy in, or defect in the constitution of, such Council.
26.
Apprenticeship Advisers(1)
(2)
(3)
27.
Deputy and Assistant Apprenticeship Advisers(1)
4
[(2)
28.
The Central Government shall, by notification in the Official Gazette,
appoint a suitable person as the Central Apprenticeship Adviser.
The State Government shall, by notification in the Official
Gazette, appoint a suitable person as the State Apprenticeship
Adviser.
The Central Apprenticeship Adviser shall be the Secretary to
the
Central Apprenticeship Council and the State Apprenticeship
Adviser shall be the Secretary to the State Apprenticeship Council.
The Government 3[may appoint suitable persons as Additional, Joint,
Regional, Deputy and Assistant Apprenticeship Advisers] to assist the
Apprenticeship Adviser in the performance of his functions.
Every
Additional,
Joint,
Regional,
Deputy
or
Assistant
Apprenticeship Advisers] to assist the Apprenticeship Advisor,
perform such functions as may be assigned to him by the
Apprenticeship Adviser.
Apprenticeship Advisers to be public servants
Every Apprenticeship Adviser and 5[every Additional, Joint, Regional,
Deputy or Assistant Apprenticeship Adviser] appointed under this Act, shall
be deemed to be a public servant within the meaning of Section 21 of the
India Penal Code (45 of 1860).
___________________________
1. Subs. by Act 27 of 1973.
2. Subs. by Act 27 of 1973.
3. Subs. by Act 27 of 1973.
4. Subs. by Act 27 of 1973.
5. Subs. by Act 27 of 1973.
29.
Powers of entry, Inspection, etc.(1)
Subject to any rule made in this behalf the 1[Central Apprenticeship
Adviser, or such other person, not below the rank of an Assistant
Apprenticeship Adviser, as may be authorised by the Central
Apprenticeship Adviser in writing in this behalf] may(a)
(b)
with such assistants, as he thinks fit, enter, inspect and
examine any establishment or part thereof at any reasonable
time;
examine any apprentice employed therein or require the
production of any register, record or other documents
maintained in pursuance of this Act and take on the spot or
otherwise statements of any persons which he may consider
necessary for carrying out the purposes of this Act;
(c)
make such examination and inquiry as he thinks fit in order to
ascertain whether the provisions of this Act and the rules made
thereunder are being observed in the establishment;
(d)
exercise such other powers as may be prescribed:
Provided that 2[a State Apprenticeship Adviser or such
other person, not below the rank of an Assistant
Apprenticeship Adviser, as may be authorised by the State
Apprenticeship Adviser in writing in this behalf] may also
exercise any of the powers specified in clause (a), (b), (c) or
(d) of this sub-section in relation to establishments for which the
appropriate Government is the State Government.
(2)
30.
Notwithstanding anything in sub-section (1), no person shall be
compelled under this section to answer any question or make any
statement which may tend directly or indirectly to incriminate him.
Offences and penalties 3
[(1)
(1A)
If any employer contravenes the provisions of this Act relating to the
number of apprentices which he is required to engage under those
provisions, he shall be given a month’s previous notice in writing, by an
officer duly authorised in this behalf by the appropriate Government, for
explaining the reasons for such contravention.
In case the employer fails to reply the notice within the period specified
under sub-section (1), or the authorised officer, after giving him an
opportunity of being heard , is not satisfied with the reasons given by
the employer, he shall be punishable with fine of five hundred rupees
per shortfall of apprenticeship month for first three months and
thereafter one thousand rupees per month till such number of seats are
filled up].
_________________________
1. Subs. by Act 27 of 1973.
2. Subs. by Act 4 of 1997.
3. Subs. by Act 29 of 2014
(2)
If any employer or any other person (a)
required to furnish any information or return –
(i)
refuses or neglects to furnish such information or return,
or
(ii)
furnishes or causes to be furnished any information or
return which is false and which he either knows or
believes to be false or does not believe to be true, or
(iii)
refuses to answer, or gives a false answer to any
question necessary for obtaining any information required
to be furnished by him, or
(b)
refuses or wilfully neglects to afford the Central or the State
Apprenticeship Adviser or such other person, not below the
rank of an Assistant Apprenticeship Adviser, as may be
authorized by the Central or the State Apprenticeship Adviser in
writing in this behalf any reasonable facility for making any
entry, inspection, examination or inquiry authorized by or
under this Act, or
(c)
requires an apprentice to work overtime without the approval of
the Apprenticeship Adviser, or
(d)
employs an apprentice on any work which is not connected with
his training, or
(e)
makes payment to an apprentice on the basis of piece-work, or
(f)
requires an apprentice to take part in any output bonus or
incentive scheme
1
engages as an apprentice a person who is not qualified for
being so engaged, or
(h)
fails to carry out the terms and conditions of a contract of
apprenticeship, or
[(g)
he shall be punishable with fine of one thousand rupees for every
occurrence.
(2A)
31.
The provisions of this section shall not apply to any establishment or
industry which is under the Board for Industrial and Financial
Reconstruction established under the Sick Industrial Companies
(Special Provisions) Act, 1985].
Penalty where no specific penalty is provided-
If any employer or any other person contravenes any provision of this Act
for which no punishment is provided in section 30, he shall be punishable
with fine 2[ which shall not be less than one thousand rupees but may extend
to three thousand rupees.]
______________________
1. Ins. by Act 29 of 2014
2. Subs. by Act 4 of 1997.
32.
Offences by companies(1)
If the person committing an offence under this Act, is a company,
every persons who, at the time the offence was committed was in
charge of, and was responsible to, the company for the conduct of
business of the company, as well as the company, shall be deemed to
be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to such punishment provided in this Act if he
proves that the offence was committed without his knowledge or
that he exercised all the diligence to prevent the commission of such
offence.
(2)
33.
Notwithstanding anything contained in subsection (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any negligence on the part of, any
director, manager, secretary, or other officer of the company, such
director, manager, secretary, or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Cognizance of offencesNo court shall take cognizance of any offence under this Act or the rules
made thereunder except on a complaint thereof in writing made by the
Apprenticeship Adviser 1[or the officer of the rank of Deputy Apprenticeship
Adviser and above] within six months from the date on which the offence is
alleged to have been committed.
34.
Delegation of powersThe appropriate Government, may, by notification in the Official Gazette,
direct that any power exercisable by it under this Act or the rules made
thereunder shall, in relation to such matters and subject to such
conditions, if any, as may be specified in the direction, be exercisable also(a)
where the appropriate Government is the Central Government, by
such officer or authority subordinate to the Central Government
or by State Government or by such officer or authority subordinate to
the State Government, as may be specified in the notification: and
(b)
where the appropriate Government is the State Government, by such
officer or authority subordinate to the State Government, as may be
specified in the notification.
__________________________
1. Subs. by Act 4 of 1997.
35.
36.
Construction of reference(1)
Any reference in this Act or in the rules made thereunder to the
Apprenticeship Council shall, unless the context otherwise requires,
means in relation to apprenticeship training in a designated trade
in an establishment in relation to which the Central Government is
the appropriate Government, the Central Apprenticeship Council and in
relation to apprenticeship training in a designated trade in an
establishment in relation to which the State Government in the
appropriate Government, the State Apprenticeship Council.
(2)
Any reference in this Act or in the rules made thereunder to the
Apprenticeship Adviser shall, unless the context otherwise requiresmeans in relation to apprenticeship training in a designated
trade in an establishment in relation to which the Central
Government is the appropriate Government, the Central
Apprenticeship Adviser and in relation apprenticeship training in
a designated trade in an establishment in relation to which the
State Government is the appropriate Government, the
State Apprenticeship Adviser:
(b)
be deemed to include [an Additional, a Joint, a Regional, a
Deputy or an Assistant Apprenticeship Adviser]1 performing the
functions of the Apprenticeship Adviser assigned to him under
subsection (2) of Section 27.
Protection of action taken in good faith(1)
37.
(a)
No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be done
under this Act.
Power to make rules(1)
2
The Central Government may, after consulting the Central
Apprenticeship Council, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.
[(1A) The powers to make rules under this section shall include the power to
make such rules or any of them retrospectively from a date not earlier
than the date on which this Act received the assent of the President,
but no such retrospective effect shall be given to any such rule so as to
prejudicially affect the interests of any person to whom such rule may
be applicable].
_________________________________
1. Subs. by Act 27 of 1973
2. Ins. by Act 29 of 2014
38.
(2)
Rules made under this Act may provide that a contravention of
any such rule shall be punishable with fine which may extend to fifty
rupees.
(3)
Every rule made under this section shall be laid as soon as may be
after it is made before such House of Parliament while it is in session
for a total period of thirty days which may be composed in one
session 1[or in two or more successive sessions, and if before the
expiry of the session immediately following the session or the
successive sessions aforesaid] both Houses agree in making any
modification in the rules or both Houses agree that the rule should
not be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so however that any
such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
Repeal
[Repealed by Act 52 of 1964]
________________________________________
1. Subs. by Act 27 of 1973.
THE SCHEDULE
(See Section 16)
MODIFICATIONS IN THE WORKMEN'S COMPENSATION ACT, 1923,
IN ITS APPLICATION TO APPRENTICES UNDER THE
APPRENTICES ACT, 1961
In the Workmen's Compensation Act, 1923(1)
in Section 2(a)
for clause (e), substitute"(e) 'employer' means as employer as defined in the Apprentices
Act, 1962, who has engaged one or more apprentices,"
(b)
omit clause (k);
(c)
for clause (m), substitute"(m) 'wages means the stipend payable to an apprentice under
Section 13(1) of the Apprentices Act, 1961,";
(d)
for clause (n), substitute"(n) 'workman' means any persons who is engaged as an apprentice
as defined in the Apprentices Act, 1961, and who in the course of his
apprenticeship training is employed in any such capacity as is specified
in Schedule II",
(2)
omit Section 12;
(3)
omit Section 15;
(4)
omit the proviso to Section 21(1);
(5)
omit the words " or a registered Trade Union" in Section 24;
(6)
omit clause (d) in Section 30(1);
(7)
omit clauses (vi), (xi), (xiii), (xvii), (xviii), (xx), (xxii), (xxiv), (xxv) and (xxvi) in
Schedule II.